SENCology

An Optimus Education blog


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How to get an education, health and care plan

The complicated process of getting an EHC plan may be different for every local authority, but the legal essentials should be the same. Evie Prysor-Jones presents a best practice example.

groupIt has been over a year since the SEN reforms came into play, yet almost daily I talk to SENCOs or parents who are struggling with EHC plans.

EHC plans look great on paper – they put an increased focus on the needs of the child, they demand parent and carer involvement and they will only work well if everyone involved works together. Perhaps it’s at that last point where things get sticky.

The ‘Why? Just, why?’ moments

I don’t doubt that everyone wants what is best for the child, and I like to believe that everyone does their job to the best of their ability. But it’s complicated. Every local authority seems to run the process slightly differently, which for SENCOs who have pupils in many different areas is a massive headache. With so many people involved getting everyone together for frequent meetings can be like herding cats.

These are not excuses, but they are the sort of irritating complications that occur throughout life to make a seemingly straightforward process horribly confusing and stressful.

Your best practice example

As I’ve mentioned, local authorities may run the EHC plan process differently. I created the diagram below after studying the process from two local authorities, Lambeth (because that’s where I’m from) and Redcar and Cleveland (randomly chosen). I admit this isn’t the smartest diagram you’ve ever seen, but there will be a much nicer one in our January 2016 Insight magazine.

EHCP 1

 

I hope this will be useful for comparison with your local authority’s process.

  • Are there things mentioned in this diagram that your local offer doesn’t do that you think would be beneficial?
  • Perhaps your local offer has come up with some great ideas to make the process more streamlined?

Any comments? I’d love to hear from you.

What to look at next from Optimus Education

Next week, Thursday 26th November, is our SEND Framework: Compliance & Best Practice 2015. There are still spaces!

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Personal budgets are like hen’s teeth

Understanding the legislation around personal budgets can be the first step to making them more common place. Gareth D Morewood examines what the law says and answers some of the most common questions.

Girl piggy bank saving moneyEarlier this year in SENCology I wrote a blog post about the personal budgets project I am involved in with the charity KIDS (which is different to the charity Kids company). Whilst I continue to see many positive and exciting opportunities with personal budgets, it has been one of the most challenging things I have been involved with in almost 20 years!

Why? Well, amid the raft of other educational change, considering how a personal budget may support specific outcomes in EHCPs is much less of a priority for parents/carers than getting the plan right or, in many cases, simply getting a needs assessment undertaken.

As I continue to try and ensure that everyone involved with current SEND systems and provision does so based on the law, I think it is interesting to see the specific element of the Children’s & Families Act (2014) about personal budgets.

Personal budgets and direct payments

(1) A local authority that maintains an EHC plan, or is securing the preparation of an EHC plan, for a child or young person must prepare a personal budget for him or her if asked to do so by the child’s parent or the young person.

2) The authority prepares a “personal budget” for the child or young person if it identifies an amount as available to secure particular provision that is specified, or proposed to be specified, in the EHC plan, with a view to the child’s parent or the young person being involved in securing the provision.

(3) Regulations may make provision about personal budgets, in particular –

(a) about requests for personal budgets;

(b) about the amount of a personal budget;

(c) about the sources of the funds making up a personal budget;

(d) for payments (“direct payments”) representing all or part of a personal budget to be made to a child’s parent or a young person, or a person of a prescribed description in prescribed circumstances, in order to secure provision to which the budget relates;

(e) about the description of provision to which personal budgets and direct payment may (and may not) relate;

(f) for a personal budget or direct payment to cover the agreed cost of the provision to which the budget or payment relates;

(g) about when, how, to whom and on what conditions direct payments may (and may not) be made;

(h) about when direct payments may be required to be repaid and the recovery of unpaid sums;

(i) about conditions with which a person or body making direct payments must comply before, after or at the time of making a direct payment;

(j) about arrangements for providing information, advice or support in connection with personal budgets and direct payments.

Q&A about the personal budget legislation

Legislation is never written in human-English, so reading the box above may prompt the following questions. Luckily, we also have the answers.

If a SENCo believes a student would benefit from a personal budget, what should they do?

A request for the local authority to identify a personal budget or consider making a direct payment can be made at two specific times. First when a child or young person is undergoing an EHC needs assessment or when the EHC plan is being reviewed.

How do you request a personal budget?

Information about the availability of personal budgets must be contained in the local offer, so check with your own local authority.

‘Regulations may make provision about personal budgets’ – what does this mean?

There are a set of 16 regulations for personal budgets which are worth a read as they explain all the areas of grey between the black and white points you want to get through with your local authority.

What is the difference between a personal budget and a direct payment?

A direct payment is when money is transferred directly into the individual’s bank account in lieu of special educational provision so that they can arrange it themselves.

A personal budget may be held by a third party or part of the notional budget. In this circumstance the individual/family does not receive the money directly but is allocated a budget and participates fully in the planning and decision making around how the money is spent.

I will be talking about personal budgets at the SEND Framework: Compliance & Best Practice 2015 conference on 26th November.

Register using this code to get a 20% discount: GM15

Register now

Although challenging and extremely hard work, I still see personal budgets as an exciting and important part of provision. Hopefully this work I am undertaking with KIDS will have a significant and positive impact for more families and young people in the years to come.


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EHCP transition: a parent’s perspective

Jamie, dad of Thomas, Year 11, talks about his experience of the transition from statement to EHC plan with a neighbouring LA.

Thomas’ background

My son, Thomas, was born at 2.45pm on 18th November 1998. In the first hours of his life Tom suffered a bleed to the brain, stopped breathing, his heart stopped twice and he slipped into a coma.

His fight back started three days later when he opened his eyes and pulled out his own ventilator tube and began to breathe by himself. He’s been fighting ever since and, it feels, so have we.

Now aged 16 he continues to suffer with low muscle tone, poor balance and co-ordination and slower reaction times. In addition to that, he has a complex range of cognitive needs including delayed speech development and wide ranging learning difficulties.

Transitional meeting into secondary school

Tom has had a statement of special educational needs since his education began. He has, however, thrived in mainstream school.

For parents, the prospect of trying to make a case to your Local Authority (LA) for provision for your disabled child in mainstream school can feel like a very intimidating one. Even though it’s not supposed to be an adversarial process, it can feel like it.

The LA is a large organisation with a working knowledge of pages and pages of statute. It will need convincing to even begin to commission a report from a health care professional, or investigate a particular need, let alone offer necessary provision. Budgetary constraints and clarification as to whether a need is medical or educational can easily confound and confuse even the most resilient and determined of parents.

Having a school with professionals who not only share the same level of knowledge of SEN responsibilities but also your own passion for providing for any child who walks through their door – no matter what their needs or vulnerabilities – is worth its weight in gold. We were lucky enough to find that support from our chosen school.

Review meetings

Since being in secondary school, we have had termly statement review meetings as well as annually. I cannot state the value of having both.

To simply meet once a year and carry out a retrospective view of what went right and what didn’t would have resulted in lots of missed opportunities.

We’ve found the termly catch-ups where everyone gave feedback on the previous 12 weeks very helpful.

Tom is present in the meetings and is encouraged to give his own feedback.

Regular contact and contact details

In addition to review meetings, there has been regular communication throughout term time.

Tom has been studying ‘Of Mice and Men’ in English. This is ironic because regardless of the best laid plans, things will occasionally go wrong. I think it’s important for schools to recognise that they can’t get everything right and with every plan they will need to test and refine what they are doing.

A statement might be a very formal and fixed document, but the approach to the provision of that plan needs to be very fluid. What works for one child might not necessarily work for the other.

In understanding that plans and support might need to be tweaked, a school needs to set up the infrastructure to be ready to receive feedback and react to it so it can address issues that arise.

Contact by email and regular dialogue with both the schools SENCo, Tom’s teachers and his teaching assistant has been invaluable.

The EHC transition

It’s scary to think how lengthy this process can be when compared to just how quickly the winter and spring terms can pass by. Thankfully, Tom’s school looked to start the review process almost as soon as Year 11 began. I recall that the SENCo began setting up meetings to discuss EHC planning as early as September. Those September meetings took place with internal access to professionals who sought permissions from us as parents to begin commissioning reports.

Tom has had:

  • an educational psychologists report
  • a speech and language therapy report
  • an action plan report by Services for Young People
  • a cognition and learning report
  • a pupil portrait; as well as
  • a report from us as parents and Tom himself on his views, interests and aspirations.

Reports were ready for early November, in readiness for the first EHC planning meeting with the LA.

Again, this level of support and planning has been invaluable.

We are now well on with the EHC transition process but it is still not complete. I can’t imagine the position we would be in if we had waited for the first meeting with the LA as the trigger to engage the professionals to report on Tom externally.

As it is, we are now in a position that, with the assistance of the school, we are working closely with representatives of Tom’s college on his transition into the next stage of his education. The draft EHC plan might not be ready yet, but people have a comprehensive understanding of our son’s needs and what will be required to help him going forward.

Tom’s aspirations for the future

Tom’s aspirations for the future are very similar to ours as his parents.

We want him to enjoy life as independently as possible with a meaningful career and be able to build up a network of friends and support.

When we asked Tom he said:

‘I’m looking forward to college but I’m going to miss my friends and worry about making new ones. When I leave college I would like to do something in media; either in computer graphics or film making. I would like to be able to have my own job and flat, perhaps with a mate and a 4K TV.’

His journey through school is nearly complete and I’m pleased to say that it has overall been a very positive experience for him. We’re looking forward to the next chapter in Tom’s education, and eventually the EHCP!